Chula Vista Municipal Code Art. III Procedures

The ordinance codified in this article may be cited as the “Chula Vista underground utilities procedural ordinance.” (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.1).

This article shall be liberally construed in order to effectuate its purposes, and no error, irregularity, informality, and no neglect or omission of any officer in any procedure taken under this article which does not directly affect the jurisdiction of the Council to order the work and improvement shall avoid or invalidate such proceeding. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.2).

It is the purpose and intent of the ordinance codified in this article to provide for the creation of underground utility districts in the City in which poles, overhead wires and associated overhead structures, as hereinafter defined, shall not be permitted. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.3).

Whenever in CVMC 15.32.080 through 15.32.230 the following words or phrases are used, they shall mean as follows:

A. “Affected persons” means the owners of real property located within the district, or proposed district, as shown on the last equalized San Diego County assessment roll, and each occupant of real property located within the district, or proposed district.

• B. “City” means the City of Chula Vista, a municipal corporation in the state of California.

• C. “Commission” means the Public Utilities Commission of the state of California.

• D. “Council” means the City Council of Chula Vista.

E. “Poles, overhead wires and associated overhead structures” means poles, towers, supports, wires, cables, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the City and used or usable in supplying electric, communication, community antenna television or similar or associated service.

F. “Underground utility district” or “district” means that area in the City within which poles, overhead wires and associated overhead structures are prohibited, as such area is described in a resolution or resolutions adopted pursuant to the provisions of CVMC 15.32.150.

G. “Utility company” means and includes all persons and entities supplying electric, communication, community antenna television or similar or associated service. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.4).

Unless otherwise provided in the resolution creating the district, CVMC 15.32.080 through 15.32.230 and any resolution adopted pursuant thereto shall not apply to the following types of facilities:

• A. Poles, and associated overhead structures, used exclusively for street lighting or signalization;

B. Overhead wires (exclusive of supporting structures) connecting to buildings on the perimeter of a district when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

C. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to any adjacent building without crossing any public street;

D. Overhead wires, either existing or new, which cross any portion of a district but which are suspended from poles, structures or towers located outside of the district;

E. Radio antennas, associated equipment and supporting structures for such antennas, used by a utility company for furnishing communication services;

F. Pad-mounted transformers, junction boxes and service terminals on pedestals above ground used to distribute electrical, communication and community antenna television or similar or associated service, in the underground systems;

• G. Stub poles, anchors and guy wires originating in the district, but used to support poles outside the district;

H. Overhead wires to provide temporary or emergency service installed subject to the provisions of CVMC 15.32.170;

I. New or existing pole-to-anchor guy wires within the district necessary to support overhead facilities outside the boundary of the district or poles within the district which have been specifically excepted in the resolution creating the district. (Ord. 1737 § 1, 1977; Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.5).

By appropriate resolution, the Council may from time to time call public hearings to ascertain whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service. Each hearing shall be open to the public and may be continued from time to time. At each hearing, all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.6).

A. The City Clerk shall notify all affected persons and each utility company concerned of the time and place of the hearing at least 15 days prior to the date thereof.

B. Notices given under this section may be given either by personal service or by mail. In case of service by mail, each notice must be deposited in the United States mail in a sealed envelope with postage prepaid. Each notice to an owner of real property in a district or proposed district shall be addressed as such owner’s name appears, and at the address listed for such owner, on the last equalized assessment roll of the county of San Diego. Each notice to an occupant of real property in a district, or proposed district, shall be addressed to the occupant at the street address or addresses located on the real property. Notice given by mail shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof.

C. The City Clerk shall cause the resolution calling a public hearing as set forth in CVMC 15.32.130 to be published in a newspaper of general circulation as defined in Section 6000 of the California Government Code. Publication of the resolution shall be for one time, not less than five days prior to the date of the public hearing stated in said resolution. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.7).

If, after the public hearing, the Council finds that the public health, safety or general welfare requires removal of poles, overhead wires and associated overhead structures and underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service within a designated area, the Council shall, by resolution, declare the designated area an underground utility district and order the removal and underground installation. Immediately following its adoption, the City Clerk shall cause a certified copy of the resolution to be recorded in the office of the county recorder. The resolution shall include a description and map of the area comprising the district. It shall also provide that the Council shall by subsequent resolution fix the time within which:

• A. Property in the district must be ready to receive underground service; and

B. It is estimated that poles, overhead wires and associated overhead structures shall be removed. A reasonable time shall be allowed for removal and underground installation and installation/relocation of streetlights by the City, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 3096, 2007; Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.8).

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in CVMC 15.32.150, it shall be unlawful for any person or utility company to erect, construct, place, keep, maintain, continue, own, employ or operate poles, overhead wires and associated overhead structures in the district on and after the date when overhead facilities are required to be removed by the resolution, except as otherwise provided in this article. Commencing upon the date when the overhead facilities are required to be removed, the continued existence, presence or maintenance of poles, overhead wires and associated overhead structures in the district shall be, and the same is declared to be, contrary to the health, safety and general welfare of the public and unlawful, and the same may be abated summarily or as otherwise provided by law. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.9).

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period not to exceed 30 days, without authority of the Council, in order to provide emergency service. The Council may grant special permission, on such terms and for such durations as the Council may deem appropriate, in cases of unusual circumstances, and where not detrimental to the public health, safety and general welfare and without discrimination as to any person or utility company, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures within the district. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.10).

A. Within 15 days after the effective date of a resolution adopted pursuant to CVMC 15.32.150, all affected utility companies and all affected persons shall be notified by the City of the provisions of the resolution. If private utility laterals will not be constructed by the utility company, the affected persons shall be notified by the City that, if they desire to continue to receive electric, communication, community antenna television or similar or associated service, they shall provide, at their own expense, all necessary facility changes on their premises so as to receive underground service from the lines relocated underground of the supplying utility company subject to applicable rules, regulations, and tariffs of the respective utility company on file with the Commission and to all other applicable requirements of state laws and City ordinances.

B. If private utility laterals will not be constructed by the utility company, within 15 days of adoption by the Council of the resolution fixing the time within which conversions on private property and pole removal must be accomplished, all affected utilities and affected persons will be notified by the City that the work required to change the facilities on the premises so as to receive electric, communication, or community antenna television or similar or associated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the resolution. This notice shall also state the date all poles and related overhead structures are to be removed from within the district.

C. Notices given under this section may be given either by personal service or by mail and in accordance with the provisions of CVMC 15.32.140.

D. Within 15 days of adoption of the resolution fixing the conversion and pole removal times of the district, the Director of Public Works shall cause copies of the notice, printed on a card not less than eight inches by 10 inches in size and headed “Notice of Pole Removal” in letters of not less than one inch in height, to be posted conspicuously on every pole to be removed within the district. (Ord. 3096, 2007; Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.11).

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to CVMC 15.32.150, any utility company engaging in such underground construction shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under the applicable orders, rules, regulations and tariffs on file with the Public Utilities Commission. (Ord. 3096, 2007; Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.12).

A. If private utility laterals will not be constructed by the utility company, the owner or owners of real property within a district shall be obligated to and shall be responsible for the commencement and completion of work as may be necessary to provide for the continuance of electric, communication, community antenna television or similar or associated service to the premises between the facilities referred to in CVMC 15.32.190 and the termination of service connection facilities on or within the building or structure being serviced, all in accordance with applicable orders, rules, regulations and tariffs of the respective utility companies on file with the

Commission as of the effective date of the resolution creating the district, and in accordance with the applicable requirements of state laws and City ordinances.

B. If private utility laterals will be constructed by the utility company, property owners shall be required to give the utility company written permission for the utility company to enter their property. Property owners shall be responsible for any relocation and or upgrade of electrical equipment, such as panels and meters. (Ord. 3096, 2007; Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.13).

A. In the event the owner or owners of real property within a district do not comply with the provisions of CVMC 15.32.150, the respective utility companies concerned shall advise the Director of Public Works in writing of the location of such property, and thereupon the Director of Public Works shall cause to be posted on such property a written notice on the property being served.

B. The notice required by subsection (A) of this section shall include the statement that 30 days after posting of the notice all utility companies are authorized to either serve the property through an individual pole erected on that property for above ground service or to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires and associated overhead structures.

C. Thirty (30) days after such posting, all utility companies are hereby authorized to either erect an individual pole on that property to continue to provide above ground service or to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires, and associated overhead structures. (Ord. 3096, 2007; Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.14).

City shall remove at its own expense all City-owned equipment from all poles, overhead wires and associated overhead structures required to be removed hereunder in ample time to enable the owner of the poles, overhead wires and associated overhead structures to remove them within the time specified in the resolution enacted pursuant to CVMC 15.32.150. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.15).

In the event that any act required by this article or by a resolution adopted pursuant to CVMC 15.32.150 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 1587 § 1, 1974; Ord. 1460 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.3.16).